As used in this article, the following terms shall have the
meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
DANGEROUS BUILDING
All buildings or structures which have any or all of the
following defects:
A.
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
B.
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
C.
Structures or components thereof that have reached their limit
state;
D.
Siding and masonry joints including joints between the building
envelope and the perimeter of windows, doors and skylights are not
maintained, weather resistant or watertight;
E.
Structural members that have evidence of deterioration or that
are not capable of safely supporting all nominal loads and load effects;
F.
Foundation systems that are not firmly supported by footings,
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects;
G.
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
H.
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
I.
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
J.
Veneer, cornices, belt courses, corbels, trim, wall facings
and similar decorative features not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects;
K.
Overhang extensions or projections including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
L.
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects;
M.
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
N.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, or the general health
and welfare of the occupants or the people of the Borough hereinafter
referred to as the "Borough";
O.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are likely to cause sickness or disease;
P.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property; or
Q.
Those which are unsafe, unsanitary or dangerous to the health,
morals, safety or general welfare of the occupants or the people of
the Borough.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto in their
capacity as a legal representative, such as an administrator, trustee,
executor, etc.
STRUCTURE
Anything constructed with a fixed or ascertainable location
on the ground including buildings, walls, fences, platforms, billboards,
signs, and walks.
All dangerous buildings within the terms of §
47-1 are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinafter provided.
The following standards shall be followed in substance by the
Code Official specially designated thereto, in ordering repair, vacation
or demolition:
A. If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this article, it shall
be ordered repaired. There shall be a preference for repair of buildings
in the central business district to avoid gaps in the streetscape.
B. If the dangerous building is in such condition as to make it dangerous
to the health or safety of its occupants, it shall be ordered to be
vacated. Said conditions shall include but are not limited to lack
of sewer, water, heat and/or electric.
C. In cases where a dangerous building is damaged 50% or more from its
value immediately prior to an incident which results in a loss or
from neglect over a period of time, it shall be demolished, and in
all cases where a building cannot be repaired so that it will no longer
exist in violation of the terms of this article, it shall be demolished.
In cases where a dangerous building is a fire hazard existing or erected
in violation of the terms of this article or of any ordinance of the
Borough or statute of the Commonwealth of Pennsylvania, it shall be
demolished.
The Code Official shall report directly to the Borough Manager.
The Code Official specially designated thereto, shall:
A. Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this article. The Code Official
may also inspect said buildings, walls or structures based on conditions
observed by the Code Official in the absence of a complaint.
B. Notify in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the files of the Recorder of Deeds of the County of McKean, or any building found by him to be a dangerous building within the standards set forth in §
47-1 that:
(1) The owner must vacate, or repair, or demolish said building in accordance
with the terms of the notice and this article.
(2) The occupant or lessee must vacate said building or may have the
mortgagee, agent or other persons having an interest in said building
as shown by the land records of the Recorder of Deeds for McKean County,
at his own risk repair, vacate, or demolish said building or have
such work or act done; provided that any person notified under this
subsection to repair, vacate, or demolish any building shall be given
such reasonable time, not exceeding 30 days, as may be necessary to
do, or have done, the work or act required by the notice provided
for herein.
C. Set forth in the notice provided for in Subsection
B, hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable and opportunity for a hearing.
D. Report to the Borough Manager any noncompliance with the "notice" provided for in Subsections
B and
C hereof.
E. Appear at all hearings conducted by the Borough Manager or his designee and testify as to the condition of dangerous buildings pursuant to §
47-6.
F. Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Code Official.
This notice is to remain on this building until it is repaired, vacated,
or demolished in accordance with the notice which has been given to
owner, occupant, lessee, mortgagee or agent of this building, and
all other persons having an interest in said building as shown by
the land records of the Recorder of Deeds of the County of McKean.
It is unlawful to remove this notice until such notice is complied
with."
G. Place a
symbol on the building designating it as a dangerous and/or condemned
structure. This symbol will serve as a visual notification for Borough
employees, emergency services personnel, and others that the building
has been designated a dangerous structure and/or condemned. The symbol
may be placed on the building using paint, a pre-made sign, or any
other reasonable medium. The symbol will consist of a red rectangle
with a large X in the rectangle. The symbol will be placed on the
four major exterior walls of the building in a manner that it is clearly
visible. The Borough shall not be liable for any damage resulting
from the placement of such a mark or the removal thereof.
[Added 7-2-2018 by Ord. No. 475]
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Code Official shall report such facts to the Borough Manager and the Borough Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in §
47-6E hereof.
In cases except emergency cases, where the owner, occupant,
lessee, or mortgagee is absent from the Borough, all notices or orders
provided for herein shall be sent by certified mail to the owner,
mortgagee, lessee and all other persons having an interest in said
building as shown on the lands recorded in the Office of the Recorder
of Deeds for McKean County, to the last known address of each and
a copy of such notice shall be posted in a conspicuous place on the
dangerous building to which it relates. Such mailing and posting shall
be deemed adequate service. Where desirable, the notices and orders
provided for herein may be served in the same manner a summons is
served in the courts of general jurisdiction.
No officer, agent or employee of the Borough shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this article. Any suit brought against any officer, agent,
or employee of the Borough as a result of any act required or permitted
in the discharge of his duties under this article shall be defended
by the Borough Solicitor until the final determination of the proceedings
therein.